How to conduct right to rent checks

In the UK, right to rent checks are an important part of the tenant screening process. Before any tenancy agreement is made, it is the responsibility of the landlord to check if the tenant is allowed to rent in the UK. If a tenant fails these checks, the landlord legally cannot give the tenant a tenancy agreement. 

This blog will explain everything you need to know about these checks, including what they are, why they’re important, and how to check a tenant’s right to rent.

Understanding right to rent checks

Firstly, it is important to understand what exactly this is. You have the right to rent if you have the right to live in the UK. The tenant can pass this check by providing documents such as their passport or visa that show they live in the UK.

It was introduced in the Immigration Act of 2014 as part of the government’s policy to curb illegal immigration. By getting landlords to check if their tenants have the right to live in the UK, they are reducing the number of illegal immigrants living in the UK.

The landlord must check their tenants, and if the landlord decides to rent out a property to someone in the UK illegally, they could be fined up to £3,000.

Who needs to be checked

Any tenant or lodger that can legally rent your property must be checked. Before the start of a new tenancy, all tenants over the age of 18 must be checked.

It is illegal to discriminate against anyone you think is not a British citizen; therefore, regardless of whether you think they are a British citizen or not, they must be checked.

Tenants that you don’t need to check are those living in:

• social housing
• a care home, hospice, or hospital
• a hostel or refuge
• a mobile home
• student accommodation

You also do not need to check tenants if they live in accommodation that:

• is provided by a local authority
• is provided as part of their job (known as ‘tied accommodation’)
• has a lease that’s 7 years or longer

Documentation required for right to rent checks

To verify your tenant, various documents can to prove their right to live in the UK. These include:

• A passport (current or expired)
• Biometric residence permit
• Your biometric residence card
• Your national identity card

To verify the authenticity of these documents, it is important to ensure the documents are original and belong to the tenant. The photos on the documents must match the identity of the tenant. The dates of birth must be the same in all documents and also be believable. If you suspect the documents have been damaged or have been changed, take extra caution. Consider using an online identity service provider (IDSP). 

You can also check online using a share code. However, if your tenant can prove their right to live in the UK with original documents, then you can’t ask them to use an online service instead. 

How to check a tenant’s right to rent

Here is a step-by-step guide to conducting a right to rent check:

• Obtain original documents: Ask the tenant to provide original documents or use the online service to prove their right to live in the UK.
• Check the documents: Use the information above to verify the documents.
• Make and retain copies of the documents: It is important to keep copies of your tenant’s documents for future reference.
• Record the date the check was made: Make a note of the date the check was made to ensure that the documents are up-to-date and that you are aware of when a follow-up check will need to take place.

Follow-up checks 

Along with the initial check, you also need to carry out a follow-up check 12 months after your previous check or before the date their permission to stay expires.

If your tenant’s permission to stay in the UK has no time limit, there is no need to do a follow-up check.

Expired documents cannot be used as proof of residency; therefore, if the tenant cannot provide up-to-date evidence, then they are no longer able to continue renting the property.

Penalties for non-compliance

Carrying out a right-to-rent check is a legal requirement for landlords in the UK. Therefore there are several penalties if landlords fail to comply with the law. 

If you have any reason to believe that your tenant did not have permission to enter or stay in the UK, their leave has expired, or their documents are false, then you could be sent to prison for 5 years or get a fine for renting property to someone without the right to rent in the UK.

You can also receive a fine if no evidence suggests you checked their documents before issuing a tenancy agreement. Fines can cost anything from £5000 to the huge sum of £20,000. Therefore, it is crucial to carry out the steps listed above and ensure you have copies and evidence of carrying out legitimate checks for all of your clients.

Right to rent checks are a crucial part of responsible property management. By following the steps outlined in this blog, you can ensure you’re complying with the law. Protecting yourself from potential fines and legal issues. Remember, conducting these checks doesn’t take long and provides peace of mind for both you and your tenants.

Here are some key takeaways

• Right to rent checks are mandatory in the UK: Failing to conduct them can result in hefty fines or even imprisonment.
• The process is straightforward: Verify the original documents or use the online service with a share code.
• Keep detailed records: Make copies of documents and record the date of the check.
• Schedule follow-up checks: Ensure your tenants’ right to rent remains valid.

Make sure you conduct your checks thoroughly. Check out our advice centre, where you can stay up-to-date with everything from financial advice to tenant advice.

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